Schuman v. Greenbelt Homes, Inc.
The owner of a Maryland townhouse sued his housing cooperative because of exposure to his neighbors’ smoking. The court found that the owner’s claims all failed, including that his neighbor’s tobacco smoke (1) was a nuisance; (2) violated the covenant of quiet enjoyment; and (3) constituted a trespass. Additionally, the housing cooperative was not guilty of negligence because the homeowner was not harmed by the drifting secondhand smoke. The court said that although exposure to secondhand smoke did not constitute a nuisance in this case they were not saying that it could never rise to the level of a nuisance.